Judge delays Trump immunity decision in NY hush money case
A New York judge delayed a Tuesday decision on whether President-elect Trump’s conviction can withstand the Supreme Court’s presidential immunity ruling, following his election victory last week.
Judge Juan Merchan agreed to freeze the case until Nov. 19, newly public court records show, enabling prosecutors to respond to Trump’s demand the case be dismissed entirely now that he is president-elect.
Trump’s sentencing, which would be the first of any former president, is scheduled for Nov. 26. He was convicted on 34 felony counts of falsifying business records in connection with a hush money payment made to porn actor Stormy Daniels ahead of the 2016 election to conceal an affair, which he denies.
Trump’s attorneys believe his election as president compels the dismissal of his criminal prosecutions.
“The stay, and dismissal, are necessary to avoid unconstitutional impediments to President Trump’s ability to govern,” Trump attorney Emil Bove wrote in an email to the judge.
Manhattan District Attorney Alvin Bragg’s (D) office agreed to delay the proceedings as it assesses how to respond to Trump’s demand.
“The People agree that these are unprecedented circumstances and that the arguments raised by defense counsel in correspondence to the People on Friday require careful consideration,” prosecutor Matthew Colangelo wrote to the judge.
In a statement, Trump campaign spokesperson Steven Cheung said Trump was elected “with an overwhelming mandate to Make America Great Again.”
“It is now abundantly clear that Americans want an immediate end to the weaponization of our justice system, including this case, which should have never been filed, so we can, as President Trump said in his historic victory speech, unify our country and work together for the betterment of our nation,” Cheung said.
Merchan was slated to rule Tuesday on whether Trump’s guilty verdict must be wiped under the Supreme Court’s presidential immunity decision, which was handed down after the trial.
The high court held that former presidents enjoy absolute immunity from criminal prosecution for exercising core constitutional powers and at least presumptive immunity for other official acts. Unofficial conduct can be prosecuted, but the jury cannot question the motivation behind a presidential decision, the court said.
Trump’s attorneys said prosecutors with the district attorney’s office showed jurors evidence during his seven-week trial that was protected by the justices’ ruling, which the state rejected.
The case is taking a similar path as Trump’s federal prosecution in the nation’s capital, where he stands accused of unlawfully conspiring to subvert the 2020 election results.
Last week, a judge granted special counsel Jack Smith’s office request to suspend all deadlines in that case and provide an update on Dec. 2 about next steps.
The former president’s other two criminal prosecutions are also on ice. Trump’s classified documents case was dismissed by a different federal judge, and his Georgia criminal case is paused indefinitely while an appeals court weighs a challenge from Trump and his co-defendants.
Updated at 11:26 a.m. EST
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